Procedural recklessness and malice to the bench

chronicle of two juridical blights that try to be consolidated

Abstract

With a lot of reason it is said that in the judicial process they appear, pathetic and very diligent, the darkness and human misery to geologic scales, not only for the corruption of the servants of justice, if not also for the performance of the parts, from the dilatory acts, until malicious demands; ignoring the lawyers in turn in their majority, the ethical commitment with the legal profession, with those sponsored, with their couples, with the magistrates, with the union entity, with the majesty of the right one and finally, with the society in their group. These serious and anomalous behaviors of the day by day lawyer, with the only end of harming to the tally or third, is presented with great frequency in the process, obstructing the administration of justice; the author it approaches work presently the topics of the recklessness and malice (that are absolutely contrary to the justice and to the right) in the civil process from wide doctrinal, legislative perspectives, analyzing their origins, identifying and distinguishing both figures -the same ones that are not alone own and latent in the Peruvian State - and developing with academic rigor, their problem at the present time; figuring out the causes of their commission and suggesting courses like rules for their decrease. It to delimit that the present rehearsal gets paid special as very important relevance, because it presents a nature two frontiers, since, curious and to worry (to say the less ones), not solely few authors of the orb have not approached this topics, if not that also; they have not assumed them in this level and investigation line, analysis depth, as well as of diverse vision.